1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DURJAN SINGH, Case No. 5:20-cv-00209-SVW-KES 12 Petitioner, ORDER ACCEPTING REPORT AND 13 v. RECOMMENDATION OF U.S. 14 SECRETARY OF DHS, et al., MAGISTRATE JUDGE 15 Respondents. 16 17 18 Pursuant to

, the Court has reviewed the Petition (Dkt. 1), the 19 other records on file herein, and the Report and Recommendation of the United

20 States Magistrate Judge (Dkt. 11). No objections to the Report and 21 Recommendation were filed, and the deadline for filing such objections has passed. 22 The Court accepts the report, findings, and recommendations of the Magistrate 23 Judge. 24 IT IS THEREFORE ORDERED that Judgment shall be entered dismissing 25 Grounds 1, 2, and 3 of the Petition as moot and dismissing Ground 4 of the Petition 26 for lack of subject matter jurisdiction. 27 As a federal prisoner proceeding under

, Petitioner is not 28 1 | required to obtain a certificate of appealability (“COA”) in order to appeal to the 2 | United States Court of Appeals in this case. See Harrison v. Ollison,

, 3 | 958 (9th Cir. 2008) (holding that the plain language of

(c)(1) does 4 | not require federal prisoners bringing § 2241 petitions to obtain a COA in order to 5 | appeal, unless the § 2241 petition “is merely a ‘disguised’ § 2255 petition’); see 6 | e.g., Tomlinson v. Caraway, No. 14-020094-VBF (KK),

, at *1 7 | (C.D. Cal. Sept. 16, 2014) (adopting report and recommendation and noting that 8 || petitioner in federal custody was not required to obtain a COA to appeal the denial 9 || of his § 2241 petition). 10 Ze 2 +. Pine <b hy 11 | DATED: _ February 12, 2021 ONAN SAY) 12 STEPHEN V. WILSON UNITED STATES DISTRICT JUDGE 13 14 Presented by: 15 —Htanms Soot KAREN E. SCOTT 17 | UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28